Student Name: Wendell Ballantyne Student Identification Number: AC1210069 Course Number and Title: JO2.V.2.1 Criminal Law Assignment Number and Title: Assignment 6_06 Criminal Law Date of Submission: May 8‚ 2014 The offence of Burglary has gone through significant changes over the years in terms of its meaning and what constitutes the offence. Under common Law‚ burglary is defined as the breaking and entering of a dwelling at nighttime‚ with the intent to commit a felony inside. The elements for
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Policy Issues Paper CJA/314 November 15‚ 2011 Policy Issues Paper Violence in any form can have a lasting effect on a person. Children who witness violence are permanently scarred because of what they are seeing. Children who witness family or domestic violence are affected in ways similar to children who are physically abused. Children are often unable to establish nurturing bonds with either parent and are at a greater risk for abuse and neglect if he or she lives in a violent home. Statistics
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31: Constitutional‚ Contract‚ Criminal‚ Evidence‚ Property and Tort Law 32: List and explain Nash’s‚ Drucker’s‚ Buffet’s‚ Blanchard’s and Peale’s comprehensive approach for resolving ethical dilemma Drucker: “Above all do no harm.” Intentionally making decisions that will not do harm will encourage ethical decision-making. Buffet: front-page-of-the-paper test‚ it supports critical thinking to envision how the decision may look on the front page of a paper before making the final decision.
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The criminal justice system police courts corrections The crime funnel large number of real crime but only a small number of people are incarcerated a lot of crime that goes undetected therefore the police can not respond to is Role sand responsibilities of the government constitution act: establishes federal and provincial respondibilities federal – decides which behaviours are crimes provincial – law enforcement and administration of CJS municipal – responsible for policing and enforcing
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until proven guilty. This is where burden of proof becomes important to the case and hard for the prosecution to prove beyond a reasonable doubt. During a trial the prosecution will have to use and show evidence to show not only proving the act (actus reus) of the crime‚ but also the intent (mens rea). 2. Prima facie is evidence that is that of face value or true‚ unless it can be rebuttal showing it is not what it claims that it is. Prima facie can also be evidence
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Criminal Law Kiaira Knox 3.14.13. Criminal law addresses the government’s prosecution of individuals who have committed an act classified as a crime. Federal‚ state‚ and local governments categorize crime and prosecute criminals. This is the nature and purpose of law. Without laws‚ people wouldn’t know what to do. The rule of law is the belief that an orderly society must be governed by established principles (laws) and applied fairly to all of its members (basically stating that no one is
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Criminal Law 2 Homicide 1. Murder a. Actus i. Act or omission must have caused the death (s 18(1)(a) CA) b. Mens i. No punishment shall be incurred by person who kills by misfortune only (s 18(2)(b)) ii. Intention to kill or inflict GBH(s 18(1)(a)) 1. Requirement that D has actual awareness of consequences of actions (Aiton) 2. Subjective test: Conscious purpose‚ decision not desire (Hyam) 3. Foresight of certainty (Woollin) 4. Knowledge of chance of consequences fulfils malice requirement
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victim may decide not to report a minor infraction when a conviction isn’t likely. So would that mean although there had been an offence‚ there hadn’t been a crime? Legal tradition states that in order for an offence to be a crime there has to be “Actus Reus” and “Mens Rea”‚ with this is mind identical events may be classified as a crime‚ or otherwise depending on the circumstance of the situation in which it occurred. For example to shoot a man with the intention of killing him is a crime‚ this has
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Upon arriving at the scene‚ the investigator may talk to the first responders to collect as much information as possible. Such as the initial condition of the scene and anyone involved in the alleged crime. The invesigators will examine the crime scene and search for physical evidence‚ collect and document the evidence. The scene must be searched thoroughly and methodically to discover as much evidence as possible related to the crime and to connect the suspect to the crime. The apartment is best
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carefully reviewed the legal opinions in Sweenie‚ on 22 March 2002 the Lord Advocate’s Reference (No1 of 2001) overruled Sweenie and gave opinion that it was not a requirement that the man forcibly overcame the will of the woman. This changed the actus reus of rape from “a man having sexual intercourse by force and against the will of the victim” to “sexual intercourse with a woman without her consent”. In December 2007 the Scottish Law Commission issued a report on rape and other sexual offences
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